Q. Consider the following statements with respect to the suspension of fundamental rights during National emergency:
1. Under Article 359 of Indian Constitution, the Fundamental Rights guaranteed by Articles 20 and 21 are compulsorily suspended during emergency.
2. Unlike Article 359, Article 358 automatically suspends certain fundamental rights when the emergency is proclaimed.
3. Unlike Article 359, Article 358 operates in case of both External Emergency as well as Internal Emergency.
How many statements given above are correct?
Exp) Option a is the correct answer.
Articles 358 and 359 describe the effect of a National Emergency on the Fundamental Rights.
Statement 1 is incorrect. Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21). The right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency.
Statement 2 is correct. Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared. On the other hand, Article 359 only empowers the president to suspend the enforcement of the specified Fundamental Rights through a Presidential Order.
Statement 3 is incorrect. Article 358 operates only in case of External Emergency and not in the case of Internal Emergency. Article 359 operates in case of both External Emergency as well as Internal Emergency. External Emergency means when the emergency is declared on the grounds of war or external aggression. Internal Emergency means when the Emergency is declared on the ground of armed rebellion.
